Our guest, attorney Richard Courtney, discussed elder law and answered questions about wills, probate, and executors. https://elderlawms.com/richard-a-courtney/

• Give your executor the documents they need
• Their job is to secure the original will 
• and secure the property: locks, valuables, etc. 

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What should you do if you're stopped by the police while driving?

Our guest, attorney Francis Springer of the Springer Law Firm, enumerates our rights and obligations and consequences concerning traffic stops.

https://www.springerlawoffice.com/about/ or on Facebook https://www.facebook.com/springerlawoffice/

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Andre deGruy, State Defender and Director of Capital Defense Counsel Division was our guest.

Mr. deGruy, spoke about the state of our public defenders situation in Mississippi, the work of the MS Public Defender Task Force, and the right our citizens have to be represented in court.

Office of the State Public Defender http://www.ospd.ms.gov/

For more information also listen to our broadcast from April 3, 2018.

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Guests: Patty Furr, Executive Director of Jackson-Hinds Library System and Ben Piazza, attorney and Chairman of the Capital Area Bar Association Law Library Committee

Professor Richard Gershon and Liz Gill with guests discuss opportunities for Mississippians to access legal databases through local libraries and law libraries.

Mississippi Library Commission

While staff at the Mississippi Library Commission can’t provide legal advice, they can look up specific statutes and court cases for patrons. The library has a subscription to a Legal Forms database that has Mississippi-specific forms on a variety of topics, from name changes to divorce to simple wills. It also has a notary on staff and can direct patrons to the appropriate circuit or chancery court in order to find out more information about filing the forms themselves.

https://mlc.lib.ms.us/mlc-services/online-resources/online-databases/

The Harrison County Law Library offers Westlaw Patron Access to members of the public in both the First Judicial District Courthouse of Harrison County located at 1801 23rd Ave. Gulfport, and in the Second Judicial District Courthouse located at 730 Dr. Martin Luther King, Jr. Blvd Biloxi.

http://co.harrison.ms.us/departments/law%20library/contact.asp

Jackson County Law Library Manager Faith Garbin called the show. The law library is open to the general public between the hours of 9 a.m. until 5 p.m., Monday through Thursday, and 9 a.m. until 4 p.m., on Friday. The library is accessible from inside the Pascagoula Public Library. A professional access pass is also available as well as printing and copying services to the legal community. http://www.jgrls.org/services/lawlib.html

All branches of the Jackson-Hinds Library System have access to WestlawNext which is a ground-breaking legal research system that represents the culmination of more than 100 years of West attorney-created editorial analysis and technological innovation. WestlawNext offers a clean, modern interface and powerful search functionality. WestlawNext allows users to search legal cases, state and federal laws, administrative codes, statutes and court rules, legal forms, and much more.

http://www.jhlibrary.com/resources/pdfs/Legal_Research_Brochure_Six_Panels_compressed.pdf

Starkville-Oktibbeha County Public Library System: The Law Library houses numerous law titles such as the Mississippi Code, Southern Reporter, Mississippi Digest, General Laws of Mississippi, U.S. Supreme Court Reporter, American Law Reports, Personal Injury, Federal Rules Digest, West’s Annotated Mississippi Code, Wharton’s Criminal Law, Wharton’s Criminal Law Evidence, Wharton’s Criminal Law and Procedure, American Jurisprudence, American Jurisprudence: Proof of Facts, American Jurisprudence: Trials, Mississippi Senate Journal, Mississippi House Journal, Federal Rules of Evidence Digest, U.S. Supreme Court Digest, US Code Annotated, Cyclopedia of Automobile Law and Practice, Summary of Mississippi Law. These books are available for use in the Library only and cannot be checked out. There are also two computers located in the Law Library and are linked to the Westlaw Database (in-library use only). The Library is not a legal aid office and does not provide legal assistance.

https://starkville.lib.ms.us/oktibbeha-county-law-library

William Ballard, Esq, DeSoto County Law Librarian & Archivist called the show. He manages the Law Library Monday-Thursday from 1:00 pm to 5:00 pm. The DeSoto County Law Library offers access to many volumes of printed materials for your legal needs, as well as access to the Casemaker service. While he cannot give legal advice, Mr. Ballard can help you with your search and point you in the right direction. He can be reached at 662-429-4439 Ext. 114 or via email at ballard@firstregional.org

https://firstregional.org/desoto-county-law-library/  

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With vacation season upon us, prepare carefully for your trips and know your rights as a traveler.

Some helpful websites: https://www.transportation.gov/airconsumer/fly-rights for Aviation Consumer Protection; https://cruising.org/about-the-industry/policy-priorities/clia-oceangoing-cruise-line-policies/other for Cruiser Bill of Rights from Cruise Lines International Association.

To find out if your hotel has a history of Bed Bugs: https://bedbugregistry.com/

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Attorney Reed Martz from Freeland Martz PLLC took listener questions and spoke about HOAs, Home Owners' Associations.

Questions included: covenants, antennas, publishing names of those with unpaid dues, and forming an HOA.

https://freelandmartz.com/reed-martz/

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Guest attorney Tina Seymour Demoran gives an overview of adoption in Mississippi and addresses listener questions.

Topics discussed:

• requirements
• cost
• subsidies
• infant adoption
• out of culture adoption
• family leave
• privacy
• reversals
• inheritance
• special needs

More information:

AdoptUSKids or info@adoptuskids.org or adoptms.kids@mdcps.ms.gov

IRS Topic Number 607--Adoption Credit and Adoption Assistance Program IRS.Gov

Mississippi Bar (What are the steps in adopting a child?)

North American Council on Adoptable Children https://www.nacac.org/help/adoption-assistance/adoption-assistance-us/state-programs/

Child Welfare Information Gateway https://www.childwelfare.gov/

For more information on Title IV-E eligibility, view our fact sheet Eligibility and Benefits for Federal Adoption Assistance.

Information about our guest and the Seymour Law Firm upcoming seminars: https://www.seymourlawms.com/

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Guest Richard Courtney of Courtney Elder Law Associates, a division of Frascogna Courtney, PLLC is the guest.

Additional information (videos and access to Richard Courtney's Essential Planning Guide for Special Needs Children & Adults) can be found on Mr. Courtney's website: elderlawms.org Phone number 601-987-3000

January 1st, 2020 Mississippi's GAP Act become effective. GAP Act, for “guard and protect" will provide stronger protections for children and vulnerable adults. The new rules create a clear and workable statutory framework, modern and enforceable reporting requirements, comprehensive court monitoring procedures, state driven accountability measures, protection of the ward’s fundamental rights, and transparency from all parties. 

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Guest Kim Turner, attorney and Assistant Secretary of State, head of the Elections Division is our guest.

http://www.sos.ms.gov/Elections-Voting/Pages/default.aspx

MS Primaries are August 6th, 2019

Deadline to register to vote for the General Election is October 7th, 2019 5pm

General Election is Tuesday, November 5th, 2019

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Guest, Professor Ron Rychlak from the University of Mississippi reflects and discusses with special host MPB's Jay White and Professor Richard Gershon sports gambling in Mississippi.

https://law.olemiss.edu/faculty-directory/ronald-j-rychlak/

What's a game of chance? What's skill? When do we get scratch off tickets and a lottery.

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Guest Al Cutturini, director of the Elder Law Project at North Mississippi Rural Legal Services discusses their upcoming conference and elder law issues. Oxford Conference Center, 8:30 am 08/09/19; Free to the public (charge for CPE credits)

Phone number: 1-800-498-1804 (anywhere in Mississippi)

http://nmrls.com/ North Mississippi Rural Legal Services

https://www.mslegalservices.org/ Mississippi Legal Services

Podcast mentioned: Judge Larry Primeaux's Blog about Practice in Mississippi's Chancery Courts https://betterchancery.com/

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Professor Richard Gershon from the University of Mississippi School of Law gives his opinion on the new state laws that take affect July 1, 2019 in Mississippi.

https://www.clarionledger.com/story/news/2019/07/01/new-laws-mississippi/1617541001/

There will be a run off for some elected positions August 27th – 2 weeks from today. November 5th is the next general election in Mississippi. All our senators and representatives along with the statewide offices will be selected on that date. If you voted in the primary you can only vote in the same primary on the 27th. If you didn’t vote in the primary you can vote in either runoff primary. If you didn’t vote in the primary, you can still vote in the general election. 

Citizens need to register by October 7th to vote in the November 5th general election for Governor, Lt. Gov. and such. There are county positions that need to be filled by election in November also. Teens don’t need to be 18 by October 7th to register, just 18 by November 5th.  AND if you didn’t vote in the primary you can still vote in the general election.

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Guests: Professor Farish Percy https://law.olemiss.edu/faculty-directory/e-farish-percy/ and attorney Jesse Mitchell https://www.facebook.com/pages/The-Mitchell-Firm-P/222171121849298

PROPERTY OWNER LIABILITY — Senate Bill 2901 , called the "Landowners Protection Act," says that anyone who owns, leases, operates, or maintains a commercial property in Mississippi will not be liable for any injury on the property caused by another person, unless the person in charge of the property did something that "impelled" the harmful action. Supporters say the new law will provide financial protection for property owners or managers, while critics say it could lead to negligence.

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Professor Richard Gershon explains the regulations around making contributions and withdrawals from retirement accounts such as 401Ks, IRAs, and Roth IRAs.

·      Professor Gershon is the author of several books and articles on taxation and legal education. In 2019 he published the seventh edition of “A Student’s Guide to the Internal Revenue Code (with Professor Jeffrey A. Maine).

On August 13th, MPB”s Money Talks gave out advice about retirement investing. The host Ryder Taff, a chartered financial analyst with New Perspectives, covered those who are retired, about to retire, and people just starting out. You can find that show and listen On Demand at moneytalk.mpbonline.org or on your podcasting platform.

Total annual contributions to your Traditional and Roth IRAs combined cannot exceed $6,000 (under age 50) for 2019. 401(k) contribution limit increases to $19,000 for 2019. https://www.irs.gov/newsroom/401k-contribution-limit-increases-to-19000-for-2019-ira-limit-increases-to-6000

Setting Every Community Up for Retirement Enhancement (SECURE) legislation is under consideration in Washington, D.C.

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Guests for the show: Mississippi Bar Association: Deputy General Counsel Missye Scott and General Counsel Adam Kilgore

Listeners called in for this show! They all wanted to know how to find a lawyer for their situation. Advice given: ask your friends! (check the yellow pages?)

Advice from the Mississippi Bar Association https://www.msbar.org/for-the-public/how-to-select-a-lawyer/

Attorney Ethics was also discussed.

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Our guest for the show: Gayla Carpenter-Sanders, Executive Director and General Counsel of the Mississippi Volunteer Lawyers Project http://www.mvlp.net/

2014 Mississippi Code Title 97 – CRIMES Chapter 3 - CRIMES AGAINST THE PERSON § 97-3-2 - Crimes of violence defined https://law.justia.com/codes/mississippi/2014/title-97/chapter-3/section-97-3-2/

Know Your Rights: Mississippi Volunteer Lawyers Project 9:30am-1:30pm Friday, October 4th at Eudora Wetly Library, Jackson MS

Upcoming clinics:

October 17Lafayette County Family Law ClinicTopics: Uncontested ID Divorce, Emancipation, Uncontested Guardianship, Name Change, and Simple Will/POA/Advanced Health Care Directives. Legal advice will be available for employment-related questions.

Click Here for Family Law Matters 

Pre-registration is required.

October 18Hinds County Family Law and Expungement ClinicTopics: Uncontested ID Divorce, Uncontested Emancipation, Uncontested Guardianship, Custody, Visitation, Power of Attorney, Simple Wills, Felony and Misdemeanor Expungement.

Pre-registration is required.Click Here for Family Law Matters

Click Here for Expungement Matters

November 14Family Law Pro Se Day Sunflower/Humphreys CountyTopics: Uncontested ID Divorce, Desertion Divorce, Uncontested Guardianship, and Name Change.

Click Here for Family Law MattersPre-registration required.

https://ms.freelegalanswers.org/ Register now for October 24th, 2019 Virtual Legal Clinic

Other resources: Mississippi Center for Justice https://www.mscenterforjustice.org/

Mississippi Association of Justice https://www.msaj.org/

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Guest: Patricia Ice, Legal Project Director at Mississippi Immigrants Rights Alliance 

We learned about the work of MIRA and the ramifications to families from the August 2019 immigration raids in MIssissippi.

To support the work of the Mississippi Immigrants Rights Alliance: www.yourmira.org

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Professor Marie Cope from the University of Mississippi School of Law talks about the Transactional Clinic staffed by UM Law Students and the business law assistance they provide. The Clinic assists those with low income. Possible steps may include registering with the Secretary of State's Office, creating a LLC, getting a tax id number, and filing 10-23 IRA applications.

The public is invited to leave a message with the Clinic and a student will call back to take down their information: 662-915-7429

https://www.irs.gov/pub/irs-pdf/p1635.pdf

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Do you need a REAL ID? Where do you get one? Why do you get one?

NEW DATE: Beginning May 3, 2023, every air traveler 18 years of age and older will need a REAL ID-compliant driver’s license, state-issued enhanced driver’s license, or another acceptable form of ID to fly within the United States. https://www.tsa.gov/real-id

The REAL ID Act establishes minimum security standards for license issuance and production and prohibits Federal agencies from accepting for certain purposes driver’s licenses and identification cards from states not meeting the Act’s minimum standards. The purposes covered by the Act are: accessing Federal facilities, entering nuclear power plants, and, boarding federally regulated commercial aircraft.

https://www.ms.gov/dps/license_renewal/License

Greg and Graham - according to the Department of Public Safety, when you renew or get a duplicate CDL they will have the REAL ID star.

https://www.driverservicebureau.dps.ms.gov/FirstResponders

https://www.driverservicebureau.dps.ms.gov

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Guest: MS Supreme Court Justice Randy Pierce, Director of the Mississippi Judicial College. 

Our show aims to provide knowledge and answer questions about our legal system in Mississippi. The Judicial College provides continuing legal judicial education and training for supreme court justices; court of appeal judges; chancery, circuit, county, justice and municipal court judges; youth court judges and referees; and court administrators, court clerks and court reporters. https://mjc.olemiss.edu/

Information about voting in Mississippi for the upcoming November 5th, 2019 statewide election. https://www.sos.ms.gov/Vote/Pages/default.aspx

Mississippi Judiciary website designed to provide public access to information about the state court system. https://courts.ms.gov/

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Guests: Adam Kilgore, General Counsel of The Mississippi Bar and Kate Margolis an Attorney with the firm of Bradley Arant Boult Cummings

Helpful websites: https://www.idtheftcenter.org/

https://www.ago.state.ms.us/victims/scams/

If you have concerns about whether something is legitimate or a scam, or you suspect that you have become a victim of a scam, please contact the Consumer Protection Division of the Attorney General’s Office at 601-359-4230 or 1-800-281-4418, if you are in Mississippi.

Look out for:

Credit Card Scams

Check Scams

Check Overpayment Scams

Counterfeit Check Scams

Computer Support Scams

Debt Collector Scams

Emergency Scams

Employment Scams

Home Improvement Scams

Home Rental Scams

Identity Theft Scams

Insurance Fraud

Jamaican Sweepstakes & Lottery Scams

Money Wiring Scams

Phishing Scams

Publisher’s Clearing House Scams

Secret Shopper Scams

On Election Day:

Polls are open until 7pm.

Y'all Vote: https://www.sos.ms.gov/Vote/Pages/default.aspx

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Our guest was Desiree Hensley, Associate Professor of Law and Director of the Housing Clinic

https://law.olemiss.edu/faculty-directory/desiree-hensley/

We learned about Security deposits, lease agreements, tenant and landlord rights, and discrimination.

For additional information go to The Housing and Urban Development website for frequently asked questions: hud.gov/faqs

University of Mississippi School of Law Housing Clinic: https://law.olemiss.edu/academics-programs/clinics/housing-clinic/ and phone number 662-915-3493

Mississippi Legal Services - Helping low-income individuals solve legal problems: https://www.mslegalservices.org/ and State-wide Intake Hotline at 1-800-498-1804

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What can you do in the next few weeks to get ready for filing your 2019 income taxes?

• organize your information
• itemized deductions
• charitable contributions
• medical expenses
• estimated taxes
• retirement contributions
• 529 plans

Host Professor Richard Gershon is the author of several books and articles on taxation and legal education.

https://law.olemiss.edu/faculty-directory/richard-gershon/

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Guest: attorney Kelly Kyle, co-author of the book "How to Protect Your Family's Assets from Devastating Nursing Home Costs, Medicaid Secrets: Mississippi Edition". 

Kyle Wynn & Associates Registration for an estate planning seminar Saturday, December 7, 10:00 AM, at Courtyard by Marriott, 106 Baptist Drive, MADISON, MS http://www.kyle-wynn.com/seminar-registration.html

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Guests: Bette Bradley, Assistant Dean for Admissions and Scholarships at the University of Mississippi School of Law and Jason Derrick, Professor and Chair of the Admissions Committee at the University of Mississippi School of Law

Topics covered:

• what are requirements for getting into law school
• admission tests
• traditional and non-traditional students
• employment after school
• the American Bar Association exams

https://law.olemiss.edu/staff-directory/bette-bradley/

https://law.olemiss.edu/faculty-directory/jason-derrick/

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Guest: Associate Dean Stacy Lantagne, Professor at the University of Mississippi School of Law discusses copyrights, trademarks, and fair use of created media.

https://law.olemiss.edu/faculty-directory/stacey-lantagne/

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Guest attorney Francis Springer of Springer Law Office, a former Deputy Sheriff, gave helpful tips in case you or a family member run into trouble with law enforcement this holiday season.

https://www.springerlawoffice.com/

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As we begin the year 2020, familiarize yourself with contracts to protect yourself and understand your agreement.

Professor Richard Gershon reviews contracts for us:

• Contracts don't always need to be written out, but having them in writing makes the agreement clearer to all parties.
• Illegal contracts aren't enforceable
• Contract = Promise and adequate consideration
• Counter offers negate previous offers
• Under 21? NO CONTRACT

A caller also learned you can disclaim an asset that is willed to you.

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Our guest is Charles Stotler, an Associate Director of the LL.M. Program in Air and Space Law and Research Counsel to the National Center for Remote Sensing, Air and Space Law. 

https://law.olemiss.edu/faculty-directory/charles-stotler/

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Guest: John J. Green, Ph.D.  Professor, Department of Sociology and Anthropology

 Director, Center for Population Studies & Society and Health Minor     Affiliated Faculty, School of Law

 The University of Mississippi http://cps.olemiss.edu/

Be ready to be counted, Mississippi! April 1st, 2020 Census Day https://2020census.gov/

Kids Count in Mississippi https://kidscount.ssrc.msstate.edu/wp-content/uploads/2020/01/KC-Factbook-2020.pdf

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If your employer provides a benefit to you it might be taxed.

https://www.irs.gov/publications/p15b Are Fringe Benefits Taxable?

Any fringe benefit you provide is taxable and must be included in the recipient's pay unless the law specifically excludes it. Section 2 discusses the exclusions that apply to certain fringe benefits. Any benefit not excluded under the rules discussed in section 2 is taxable.

Question from a caller: If you receive proceeds from settlement of a lawsuit, you may have questions about whether you must include the proceeds in your income. . . https://www.irs.gov/pub/irs-pdf/p4345.pdf

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Guests: Glenn Lautzenhiser, Chairperson of the Lowdes County Crime and Addiction Task Force and Dr. Charles Rhea, orthopedic surgeon discuss why they believe the unregulated and legal substance - Kratom should be added to Mississippi's list of Schedule 1 Controlled Substances.

Discussed on the broadcast:

Notes from the Field: Unintentional Drug Overdose Deaths with Kratom Detected — 27 States, July 2016–December 2017 https://www.cdc.gov/mmwr/volumes/68/wr/mm6814a2.htm

Kratom Consumer Protection Act passed by Georgia in 2019: To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to 2 controlled substances, so as to provide for legislative findings; to provide a definition; to 3 provide for the identification of a standard level of kratom alkoloids and establish 4 recommended dosages; to provide for the prohibition of access to kratom to persons under 5 18 years of age; to provide for package labeling requirements; to provide for penalties; to 6 provide for related matters; to repeal conflicting laws; and for other purposes. http://www.legis.ga.gov/Legislation/20192020/183236.pdf

Natural Herb Kratom May Have Therapeutic Effects And Relatively Low Potential For Abuse Or Harm, According To A User Survey https://www.hopkinsmedicine.org/news/newsroom/news-releases/natural-herb-kratom-may-have-therapeutic-effects-and-relatively-low-potential-for-abuse-or-harm-according-to-a-user-survey

Kratom Products Now Banned From Oxford; https://hottytoddy.com/2019/08/06/kratom-products-now-banned-from-oxford/ The Board generally has three readings for ordinances with one public hearing during the second reading. By state law, they must hold the two readings and public hearing although the Board’s policy is to have three readings for most ordinances. However, if the Board finds that the ordinance is of interest to the public’s health and safety, they can elect to vote after the public hearing during the second reading, which is what occurred Tuesday with the Kratom ban ordinance. https://www.boardpaq.com/pdfViewer?c=vdGRucaEoDKKu5%2fmOP6Rgw%3d%3d.

"13 times more potent than morphine " From Kratom to mitragynine and its derivatives: physiological and behavioural effects related to use, abuse, and addiction. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4660513/#ref5

7-hydroxymitragynine demonstrates 13 times higher analgesic potency than morphine and 46 folds higher potency than mitragynine. From Matsumoto K, Horie S, Ishikawa H, Takayama H, Aimi N, Ponglux D, et al. Antinociceptive effect of 7-hydroxymitragynine in mice: Discovery of an orally active opioid analgesic from the Thai medicinal herb Mitragyna speciosa. Life Sci. 2004;74:2143–55.

Mississippi Legislature 2020 Regular Session Senate Bill 2084 http://billstatus.ls.state.ms.us/2020/pdf/history/SB/SB2084.xml Description: Kratom; include in Controlled Substances, Schedule I. Senator Chuck Younger, District 17, Principal Author

STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2017/op17-055.pdf

Question: Does possession of the Kratom plant in its natural botanical form subject a person to potential criminal prosecution under Tennessee law, which makes it a crime to possess mitragynine and 7-hydroxymitragynine in a synthetic form?

Opinion: Possession of the Kratom plant in its natural botanical form should not subject a person to potential criminal prosecution under Tennessee law. The Kratom plant in its natural botanical form is not a prohibited controlled substance under Tennessee law

American Kratom Association https://www.americankratom.org/

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We're pleased to hear from Mississippi's Secretary of State, Michael Watson.

• We learn about the SIP Plan https://www.sos.ms.gov/Pages/SIP-Plan.aspx
• Discuss the March 10th primary and voting in Mississippi https://www.sos.ms.gov/Vote/Pages/default.aspx
• Do you need assistance in getting a voting ID? Call 1-844-MS VOTER or 1-844-678-6837
• In Legal Terms talked about Real IDs on a previous podcast: http://inlegalterms.mpbonline.org/episodes/in-legal-terms-real-ids
• Be on the look out for Census materials in your mail box. It's important for every Mississippian to be counted. A past podcast learned about the Census: http://inlegalterms.mpbonline.org/episodes/in-legal-terms-2020-census
• Register to vote before March 2nd to participate in any Primary runoff elections for 2020.
• Vote absentee for the March 10th Primary Election if you'll be gone for Spring Break.
• Register to vote before October 5th to participate in the November 2020 Presidential and Senate/Representative Election.

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Professor Deborah Bell discusses with Professor Richard Gershon Family Law issues with regards to children in Mississippi.

Call topics:

• child support
• signing over parental rights
• custody
• payments of child support

Legal clinics that may provide help:

• North Mississippi Rural Legal Services
• Oxford (662) 234-2918
• West Point (662) 494-6122
• Clarksdale  (662) 627-4184
• Greenville  (662) 335-8203
• Mississippi Volunteer Lawyers Project http://www.mvlp.net/ 601-960-9577

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Professor Richard Gershon (author of seventh edition of “A Student’s Guide to the Internal Revenue Code (with Professor Jeffrey A. Maine) talks about the tax issues surrounding divorce

• Alimony - paid is taxable for divorces (or modified decrees ) after 2019. It's not taxable if received.
• Child Support payments - never has been taxable
• Property Settlements - basis stays the same when transferred from one spouse to another.

Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent https://www.irs.gov/forms-pubs/about-form-8332

Publication 504 (2019), Divorced or Separated Individuals https://www.irs.gov/publications/p504

Here’s the new tax-advantaged way to pay alimony https://www.cnbc.com/2018/06/14/heres-the-new-tax-advantaged-way-to-pay-alimony.html

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Our guest is attorney, Craig Robertson. He has his own podcast available on his firm's website and podcasts platforms listen under the name of his firm: Robertson and Easterling http://www.robertson.ms/

https://www.msbar.org/for-the-public/consumer-information/what-are-the-grounds-for-divorce-in-mississippi/

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Guest attorney, Kelly Kyle, discussed Advanced Healthcare Directives and powers of attorney. http://www.kyle-wynn.com/r.-kelly-kyle.html

For a copy of the statute and form: https://www.nrc-pad.org/images/stories/PDFs/mississippi_adstatute.pdf

Example of the Docubank card that was discussed.

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Guest: John J. Green, Ph.D. Professor, Department of Sociology and Anthropology

 Director, Center for Population Studies & Society and Health Minor     Affiliated Faculty, School of Law

 The University of Mississippi http://cps.olemiss.edu/

Be ready to be counted, Mississippi! April 1st, 2020 Census Day https://2020census.gov/

Kids Count in Mississippi https://kidscount.ssrc.msstate.edu/wp-content/uploads/2020/01/KC-Factbook-2020.pdf

http://inlegalterms.mpbonline.org/episodes/in-legal-terms-2020-census

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Are you being creative during the pandemic emergency? Taking photographs? Performing on Tik Tok? How can you protect these intellectual properties? 

Guest: Professor Stacey Lantange, Associate Dean for Faculty Development spoke about teaching online and students learning online.

Streaming services, inventors, and 3D printing we also discussed.

Calls concerned:

• copy-writing an image
• Chinese property rights
• infringement
• patent applications
• copy-writing lyrics
• and owned patents

Prof Stacey Lantagne has been a guest on In Legal Terms in the past:

• Dec. 12th, 2019 intellectual property http://inlegalterms.mpbonline.org/episodes/in-legal-terms-intellectual-property
• Sept. 11th, 2018 Genetic Testing http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c996625763a
• Sept. 5th 2017 Copyright Law   http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c9966257667

; Sept. 11th, 2018 Genetic Testing, and Sept. 5th 2017 Copyright Law   

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Guests: attorney Vangela Wade, president and CEO of the Mississippi Center for Justice and Will Bedwell an attorney in the Center's Biloxi office.

Immediate protection for housing:

• The eviction moratorium operates by restricting lessors of covered properties # from filing new eviction actions for non-payment of rent, and also prohibits “charging fees, penalties, or other charges to the tenant related to such nonpayment of rent.” Sec. 4024(b). The federal moratorium also provides that a lessor (of a covered property) may not evict a tenant after the moratorium expires except on 30 days’ notice—which may not be given until after the moratorium period. 

# Covered properties include:

VAWA Covered Housing Programs

Department of Housing and Urban Development

• Public housing
• Section 8 Housing Choice Voucher program
• Section 8 project-based housing
• Section 202 housing for the elderly
• Section 811 housing for people with disabilities
• Section 236 multifamily rental housing
• Section 221(d)(3) Below Market Interest Rate
• HOME
• Housing Opportunities for Persons with AIDS
• McKinney-Vento Act homelessness programs
• Department of Agriculture
• Section 515 Rural Rental Housing
• Sections 514 and 516 Farm Labor Housing
• Section 533 Housing Preservation Grants
• Section 538 multifamily rental housing

Department of Treasury

Low-Income Housing Tax Credit

Rural Housing Voucher Program

Properties with federally backed mortgage loans (1-4 units)

Properties with federally backed multifamily mortgage loans (5+ units)

https://www.nhlp.org/wp-content/uploads/2020.03.27-NHLP-CARES-Act-Eviction-Moratorium-Summary.pdf

• c. Evictions Suspended: Pursuant to Miss. Code. Ann. Section 33-15-11(c)(1) and (33-15-11(c)(4), evections within the State of Mississippi are suspended, and all state, county and local law enforcement officers are directed to cease enforcement of orders of eviction for residential premises during the Shelter in Place Order. No provision contained within this Executive Order shall be construed as relieving any individual of the obligation to pay rent, to make mortgage payments, or to comply with any other obligation that an individual may have under tenancy or mortgage. 

https://www.sos.ms.gov/Education-Publications/ExecutiveOrders/1466.pdf

A new federal law, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, puts in place two protections for homeowners with federally backed mortgages:

1. A foreclosure moratorium
2. A right to forbearance for homeowners who are experiencing a financial hardship due to the COVID-19 emergency

If you don’t have a federally backed mortgage, you still may have relief options through your mortgage servicer or from your state.

https://www.consumerfinance.gov/about-us/blog/guide-coronavirus-mortgage-relief-options/

Landlord-Tenant Law in Mississippi Authored By: The University of Mississippi School of Law Legal Clinic

https://www.mslegalservices.org/resource/landlord-tenant-law-in-mississippi

MS Legal Services: 1-800-498-1804

Mississippi Public Service Commission COVID-19 statements

https://www.psc.ms.gov/node/555

MS Legal Services: 1-800-498-1804

Mississippi Center for Justice: 601-352-2269 https://www.mscenterforjustice.org/

Fair Housing Hot Line: 1-877-352-2269

MS United to End Homelessness: 601-960-0557 https://www.muteh.org/

Open Doors Homeless Coaliton: 228-604-2048 https://www.opendoorshc.org/

MS Home Corporation https://www.ms.gov/node/223

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Guests were Stephanie Showalter-Otts, Director of National Sea Grant Law Center. https://law.olemiss.edu/faculty-directory/stephanie-showalter-otts/

Catherine Janasie, Senior Research Counsel for the National Sea Grant Law Center. https://law.olemiss.edu/staff-directory/catherine-janasie/

Both are attorneys and are a part of the University of Mississippi School of Law. 

The episode discusses the work of the National Sea Grant Law Center http://nsglc.olemiss.edu/

Information regarding the fishing and seafood industry with respect to the COVID-19 pandemic http://nsglc.olemiss.edu/covid19/files/fisheryparticipants-section12005.pdf

Additional information: http://nsglc.olemiss.edu/covid19/index.html

Information about Economic Impact Payments can be found on the IRS's website: https://www.irs.gov/newsroom/heres-how-much-individuals-will-get-from-the-economic-impact-payments

An article discussing: if you used 529 plan withdrawals to pay for tuition or room and board, you could be hit with a tax bill if you don't take this action within 60 days. https://www.kiplinger.com/article/college/T002-C032-S014-the-coronavirus-529-plan-tax-risk-you-can-t-ignore.html

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Guest, attorney Francis Springer,updates us on how Mississippi's Legal System is functioning during the COVID-19 pandemic.

Discussion included:

• meeting with clients
• legal research
• electronic (or not) court filings
• emergency proceedings
• jury duty
• social distancing
• courts that are open
• courthouses that are open
• rights of the accused
• people in jail
• access to hearings
• confidentiality in communications
• notary services
• fraud
• check websites for the legal service you need to see their availability

https://www.springerlawoffice.com/about

Francis Springer has been a guest on In Legal Terms a few times: Holiday Help was broadcast on Dec. 17th 2019. May 21st 2019 we talked Police Stops with attorney Springer. Francis talked with us about Alcohol Laws in Mississippi on July 17th 2018.

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A former host of In Legal Terms, Professor Matthew Hall, was our guest for our show concerning The Balance Between Civil Liberty and Public Safety in a Time of Crisis   https://law.olemiss.edu/faculty-directory/matthew-r-hall/

The U.S. Supreme Court found that the “police power” of the States embraces “reasonable regulations …as will protect the public health and safety.” Jacobson v. Massachusetts, 197 U.S. 11 (1905) https://supreme.justia.com/cases/federal/us/197/11/

2016 Mississippi CodeTitle 41 - Public HealthChapter 23 - Contagious and Infectious Diseases; QuarantineIn General (§§ 41-23-1 - 41-23-47) https://law.justia.com/codes/mississippi/2016/title-41/chapter-23/in-general/

2006 US Code Title 32 - NATIONAL GUARD CHAPTER 3 – PERSONNEL Sec. 328 - Active Guard and Reserve duty: Governor's authority https://law.justia.com/codes/us/2006/title32/chap3/sec328/

Military Power in Law Enforcement: The Posse Comitatus https://law.justia.com/constitution/us/article-2/38-military-power-in-law-enforcement.html

Law expert: In Miss. it’s a felony to violate a quarantine order, but good luck enforcing it https://www.wlox.com/2020/03/21/law-expert-miss-its-felony-violate-quarantine-order-good-luck-enforcing-it/

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Are there rough seas ahead for you due to the pandemic? Foreclosures, bankruptcy, or predatory lenders? Our guest from the MS Center for Justice, Director of Consumer Protection, Charles Lee took questions for this podcast. https://www.mscenterforjustice.org/

Resource Information for Consumers

A resource on managing personal finances curing COVID19 for Mississippians created by the Mississippi State Extension Service.

 http://extension.msstate.edu/content/managing-personal-finances-during-covid-19

Coronavirus and dealing with debt: Tips to help ease the impact

https://www.consumerfinance.gov/about-us/blog/coronavirus-and-dealing-debt-tips-help-ease-impact/

Sample Letters for Dealing with Debt Collectors

The following sample letters will help if you’re experiencing common problems that may come up with debt collectors.

• I do not owe this debt .
• I need more information about this debt .
• I want the debt collector to stop contacting me .
• I want the debt collector to only contact me through my lawyer .
• I want to specify how the debt collector can contact me .

If you use any of these letters, it’s important to do so as soon as possible after you’re first contacted, and to keep copies of any letters you send. In certain situations, you only have 30 days after you’re contacted to ask for certain information, but even if more than 30 days pass, it’s still a good idea to ask for what you need.

Credit Reports

Due to the COVID-19 pandemic, the 3 national credit reporting companies are offering free weekly online credit reports through April 2021.

Link to https://www.annualcreditreport.com/index.action

Through December 31, 2026, all U.S. consumers can also get six free credit reports every 12 months from Equifax by establishing a "myEquifax" account at https://my.equifax.com/consumer-registration/UCSC/#/personal-info or by calling 866-349-5191

.

How to Dispute Errors on Your Credit Report

https://www.consumerfinance.gov/ask-cfpb/how-do-i-dispute-an-error-on-my-credit-report-en-314/

Resources to Help Consumers Avoid Scams

https://www.consumerfinance.gov/coronavirus/avoiding-scams/

Tips to Cancel a Time Share Contract

https://www.debt.org/real-estate/timeshare-cancellation/

MPB’s Money Talks recently had a representative from the National Foudnation for Consumer Credit. https://www.nfcc.org/ You can hear their podcast from May 12th on their website http://moneytalks.mpbonline.org/episodes/money-talks-credit-counseling

National Center for Disaster Fraud Hotline at 866-720-5721 or via email at disaster@leo.gov _

 Report scams to the IRS at phishing@irs.gov

The Federal Trade Commission also has information  https://www.consumer.ftc.gov/articles/how-recognize-and-avoid-phishing-scams

https://www.consumer.ftc.gov/features/scam-alerts

FTC.gov/complaint

The Mississippi Attorney General’s guide to Consumer Protection http://www.ago.state.ms.us/wp-content/uploads/2013/08/Consumer-Guide-to-Mississippi-Consumer-Protection-Law.pdf

CARES Act: Temporary student loan relief: All loan and interest payments are deferred through Sept. 30 without penalty to the borrower for all federally owned student loans. https://www.npr.org/2020/03/26/821457551/whats-inside-the-senate-s-2-trillion-coronavirus-aid-package

Calls concerned:

• time shares
• title problems
• housing
• warning about scams
• more scams

Attorney Charles Lee can be reached at the Mississippi Center for Justice at 601-352-2269 extension 104

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HOAs what can they legally do, what do they protect, and what can they exclude.

Our guest is attorney Reed Marts from Oxford’s and northwest Georgia’s Freeland – Marts law firm . This is an encore broadcast from June 18th 2019.  http://inlegalterms.mpbonline.org/episodes/in-legal-terms-home-owners-associations

Questions included: covenants, antennas, publishing names of those with unpaid dues, and forming an HOA.

https://freelandmartz.com/reed-martz/

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Our guest, Charles Stotler, Co-Director of the Center for Air and Space Law at the University of Mississippi School of Law, brought us up to date on on the changing world of space law. https://law.olemiss.edu/faculty-directory/charles-stotler/

Past episodes on this subject can be found:

In Legal Terms: Aviation Law http://inlegalterms.mpbonline.org/episodes/in-legal-terms-aviation-law 01/21/2020

In Legal Terms: Space Force http://inlegalterms.mpbonline.org/episodes/in-legal-terms-space-force 04/30/2019

In Legal Terms: Space Law in 2018 http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c9966257638 09/25/2018

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Guest: Joshua F. Tom, Legal Director and Interim Executive Director of ACLU of Mississippi https://www.aclu-ms.org/

Discussed:

• individual protests
• group protests
• permits
• speech vs actions
• difference between protests and civil disobedience
• rights when you encounter law enforcement
• protests on streets, sidewalks, parts
• protests on private property
• protests at shopping malls
• burning flags
• police interfering with protests
• disturbances at peaceful protests

Website information: aclu.org/know-your-rights/protesters-rights/

ACLU Mississippi Facebook live video concerning protests: https://www.facebook.com/ACLUMississippi/videos/1376077109249322/

former Executive Director Jennifer Riley Collins on past In Legal Terms: October 16th, 2018 http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c9966257635

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Protest concerning police actions have taken place all over the country. One of the prominent signs held up was “Defund the Police”. What does that mean? It’s a catchy phrase for a poster but do Americans REALLY think the police should be abolished? Let’s learn from Cliff Johnson from the MacArthur Justice Center – Mississippi.

It’s been a minute since we’ve had someone from the MacArthur Justice Center – Our podcast from April 10th, 2018 with Cliff Johnson profiled the center and its work. http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c996625764d

You can also go to their website: macarthurjustice.org/mississippi/

Calls concerned:

• children segregated in preschool
• police target some groups don't target others
• society needs to meet its needs
• protesters blocking right of ways
• small protests
• police should be well vetted
• we need police to do their job
• police are needed

Cliff Johnson mentioned the written works of DeRay Mckesson.

Oxford’s Public Safety spent $15,632,569 out of total city expenditures of $73,666,538 or 21.2% of expenditures for the city.

http://www.oxfordms.net/documents/departments/cityclerk/2018-audit.pdf

Jackson’s Public Safety spent $60,996,096 out of total city expenditures of $159,729,856 or 38.2 % of expenditures for the city.

https://storage.googleapis.com/proudcity/jacksonms/uploads/2019/09/2018-CAFR.pdf

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Guest Ben Griffith https://law.olemiss.edu/faculty-directory/ben-griffith-2/ discusses voting in Mississippi and voting during a pandemic.

Calls concerned:

• mail in voting in other states
• padded voter rolls and piles of ballots
• contacting Circuit Clerks office for absentee ballots learning where your polling place is located
• what if voters are kept away from voting
• HB 1521 https://legiscan.com/MS/bill/HB1521/2020

Need voter information? www.yallvote.sos.ms.gov

Some registered voters are eligible to vote by an absentee ballot because of age, health, work demands, temporary relocation for educational purposes, or their affiliation with the U.S. Armed Forces. Please check with your Circuit or Municipal Clerk to determine if you are entitled to vote by an absentee ballot and to learn the procedures for doing so. If you know you will vote by an absentee ballot, you may contact your Circuit or Municipal Clerk’s Office at any time within 45 days of the election. Voters included within the Uniform and Overseas Citizens Absentee Voting Act (UOCAVA), such as members of the military and overseas citizens, may register to vote and request an absentee ballot by Federal Post Card Application (FPCA). UOCAVA voters may register to vote using the FPCA up until ten days before the date of an election and may receive and return an absentee ballot by mail, email, or fax. For more information, call the Secretary of State’s Election Hotline at 1 (800) 829-6786 or visit the website at www.yallvote.sos.ms.gov

A special election for Mississippi House of Representatives District 88 was called for April 21, 2020. On April 3, 2020, Gov. Tate Reeves (R) postponed the special election to June 23, 2020, amid concerns about the coronavirus pandemic.  This is an area north of Hattiesburg almost surrounding but not including Laurel. The seat became vacant after Ramona Blackledge (R) resigned on January 31, 2020.

https://ballotpedia.org/Mississippi_House_of_Representatives_District_88

On our Feb.25th 2020 podcast we had guest  new Secretary of State, Michael Watson to talk about primary voting, the Census, and the DMV.  http://inlegalterms.mpbonline.org/episodes/in-legal-terms-secretary-of-state-watson

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Calls:

• home sales
• PERS taxable? http://moneytalks.mpbonline.org/episodes/money-talks-pers
• rolling over an IRA to a Roth IRA
• early withdraw from IRA due to COVID-19
• military taxes https://www.irs.gov/individuals/military
• filing taxes when you don't owe

https://www.cbh.com/guide/alerts/cares-act-what-you-need-to-know/

CARES Act: Highlights of the Tax Provisions

Provisions Applicable To Individuals

Early withdrawals from retirement plans and participant loans

Waiver of required minimum distributions

Recovery Rebates

Charitable Contribution Changes

Modification of limitation on losses for individuals

Provisions Applicable To Businesses

Employee Retention Credit

Deferral of Employer payroll taxes

Changes to Mandated Paid Leave

Employer Payment of Employee Student Loans

Changes to NOLS

Changes to AMT Credit refunds

Changes to limitations on deductibility of business interest expense

Changes to depreciation for qualified improvement property

Tax Aspects of Government Provided Relief Loans

Provisions Applicable To Individuals

Additional Retirement Plan Distributions Available

Recovery Rebates for Individuals

Allowance for partial above-the-line deduction for charitable contributions

Modification of limitations on charitable contributions during 2020

Modification of limitation on losses for taxpayers other than corporations

Provisions Applicable To Businesses

Employee Retention Credit

Deferral of Employer payroll taxes

Changes to Mandated Paid Leave

Employer Payment of Employee Student Loans

Changes to NOLS

Changes to AMT Credit refunds

Changes to limitations on deductibility of business interest expense

Changes to depreciation for qualified improvement property

Tax Aspects of Government Provided Relief Loans

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Guest is attorney Louis Watson from Watson & Norris Law Firm. https://www.watsonnorris.com/attorneys/

We started the hour discussing terminations over social media posts then learned about "employment-at-will" and how the pandemic has affected employment law.

Here are some of the information that was mentioned during the broadcast:

• CARES Act https://www.cbh.com/guide/alerts/cares-act-what-you-need-to-know/
• US Department of Labor: Wage and Hour Division https://www.dol.gov/agencies/whd
• Fair Labor Standards Act https://www.dol.gov/agencies/whd/flsa
• US Equal Employment Opportunity Commission https://www.eeoc.gov/
• Title 7 of the Civil Rights Act https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
• Age Discrimination in Employment Act https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
• Americans with Disability Act https://www.ada.gov/

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Guest - Claiborne Ferguson, from The Claiborne Ferguson Law Firm https://www.midsouthcriminaldefense.com/

Discussion:

• families who have children on the Autism Spectrum Disorder
• needs for juvenile defendants
• change in dealing with mental illness
• training court personnel to recognize mental illness
• special resources attorneys need

The animation that was used in the Heider and Simmel study https://www.youtube.com/watch?v=VTNmLt7QX8E

The Mississippi Department of mental health has a webpage that provides information. http://www.dmh.ms.gov/service-options/mental-health/children-and-youth-services/     For more information about services or if you or a loved one needs help, call the Mississippi Department of Mental Health Helpline at 1-877-210-8513. Staff are available to provide help around the clock

On MPB each Tuesday at 11am is Southern Remedy: Relatively Speaking with Dr. Susan Buttross author of Understanding Attention Deficit Hyperactivity Disorder part of the Understanding Health And Sickness Series from the University Press of Mississippi

Our guest and his law firm are conducting a free legal seminar is called "Autism in the Justice System". It will be held August 4th at 2pm. Due to COVID-19, it will be a webinar on Zoom. Anyone can register at Eventbrite.com There will also be a link on the website for The Claiborne Ferguson Law Firm – that website is midsouthcriminaldefense.com

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Guest: Ron Rychlak, Distinguished Professor of Law, Jamie L. Whitten Chair of Law and Government, and Faculty Athletics Representative https://law.olemiss.edu/faculty-directory/ronald-j-rychlak/

Discussion included:

• how has COVID19 impacted gambling
• online gambling in Mississippi
• sports betting

Some websites:

https://news.yahoo.com/california-man-accused-gambling-away-covid-relief-funds-013747667.html

 https://www.hollywoodreporter.com/thr-esq/is-betting-an-athletes-heart-rate-a-game-coming-broadcasting-guest-column-1303582

On the 'Wait Wait Don’t Tell Me' NPR and MPB radio program broadcast July 18, 2020 and available as a podcast, they had guest Maria Konnikova, journalist and writer who took up completive poker playing as research for her book, currently on the New York Times Bestseller list - The Biggest Bluff: How I Learned to Pay Attention, Master Myself, and Win. She moved during the coronavirus pandemic lockdown to New Jersey where online poker is legal. https://www.npr.org/programs/wait-wait-dont-tell-me/

The Mississippi Council on Problem and Compulsive Gambling is dedicated to helping the community respond to those individuals and their families devastated by addictive gambling. If you or someone you know has a gambling problem, please call our toll-free help line at 1-888-777-9696. All calls are strictly confidential.

msgambler.org

MPB’s Money Talks discussed Day Trading on July 21st, 2020.. Is that legal online gambling? Listen to the Money Talks podcast or find it on their website: moneytalks.mpbonline.org 

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Guest: Lisa Shaw Roy, Professor of Law and Jessie D. Puckett, Jr. Lecturer https://law.olemiss.edu/faculty-directory/lisa-shaw-roy/

Discussion centered around are restrictions on religious gatherings and mandatory mask orders during a pandemic constitutional.

On shutting down one group verses another? Liberty concerns vs equality concerns

https://news.bloomberglaw.com/us-law-week/supreme-court-rejects-nevada-church-challenge-on-virus-rules

Does the constitution grant governments greater latitude to restrict individual freedoms during a pandemic.

A Simple Guide to Executive Orders: A handy summary of COVID-19 Executive Orders from the Governor, organized by who and what they apply to (Updated July 27) https://msdh.ms.gov/msdhsite/_static/resources/9924.pdf

Fines for not wearing a mask? According to the Mississippi Center for Public Policy, Jackson residents could be fined $300 and sent to jail for six months. Businesses could be shut down for a day. The fine in Canton for individuals is $500, and $1,000 for businesses. In Columbus and Greenwood, you can be fined up to $1,000.   A $1,000 fine applies to businesses in Oxford.   

https://mspolicy.org/1000-fine-6-months-in-jail-for-not-wearing-a-mask/

Private business that require masks to do business with them (now or beginning on the 1st): Walmart, Kroger, Target, Walgreens, Aldi, Apple, AT&T, Bed, Bath & Beyond, Best Buy, Costco, CVS Health, Gap, Old Navy, Banana Republic, Home Depot, Kohl’s, Lowe’s, Panera Bread, Starbucks, Trader Joe’s, Verizon, Winn-Dixie, Whole Foods Market, and McDonald's. https://www.worldnewj.com/winn-dixie-publix-walmart-all-the-u-s-stores-requiring-masks/

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Guest: University Press of Mississippi’s Courtney McCreary, Publicity and Promotions Manager discussing their law and true crime books 

https://www.upress.state.ms.us/

Books discussed:

• Crooked Snake https://www.upress.state.ms.us/Books/C/Crooked-Snake2
• A Legal History of Mississippi https://www.upress.state.ms.us/Books/A/A-Legal-History-of-Mississippi
• Mississippi’s Federal Courts https://www.upress.state.ms.us/Books/M/Mississippi-s-Federal-Courts
• Heroes, Rascals, and the Law https://www.upress.state.ms.us/Books/H/Heroes-Rascals-and-the-Law
• Cups Up https://www.upress.state.ms.us/Books/C/Cups-Up
• Confessions of an Undercover Agent https://www.upress.state.ms.us/Books/C/Confessions-of-an-Undercover-Agent
• The Last Lawyer https://www.upress.state.ms.us/Books/T/The-Last-Lawyer
• From Midnight to Guntown https://www.upress.state.ms.us/Books/F/From-Midnight-to-Guntown
• Return to Guntown https://www.upress.state.ms.us/Books/R/Return-to-Guntown
• The Legs Murder Scandal https://www.upress.state.ms.us/Books/T/The-Legs-Murder-Scandal
• Hands in the Till Embezzlement of Public Monies in Mississippi https://www.upress.state.ms.us/Books/H/Hands-in-the-Till
• Power, Greed, and Hubris: Judicial Bribery in Mississippi https://www.upress.state.ms.us/Books/P/Power-Greed-and-Hubris

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Guest: Judge Troy Odom https://www.rankincounty.org/department/index.php?structureid=39

Charged with the responsibility of the filing of matters related to: Divorces, Adoptions, Child Support, Wills and Estate matters, Guardianships, Conservator ships, Land matters, and related issues.

The Chancery Judges hear special court cases involving wills and estates, support and custody of minor children, divorces and alimony, and lunacy or commitment hearings. The Judges are known as equity Judges whose area of duty involves more than narrow and rigid interpretations of laws and focuses on protection of individual rights. The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children's welfare funds, and other projects.

https://www.rankincounty.org/department/index.php?structureid=39

Jury trials returning to Mississippi

https://www.natchezdemocrat.com/2020/08/07/jury-trials-to-return-to-area-will-be-conducted-at-natchez-city-auditorium/

https://courts.ms.gov/news/2020/06.04.20Panola%20jury%20edited.php

There are 20 Chancery Courts around the state. https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php

Selection of Judges: nonpartisan election

Retention of Judges: reelection

Qualifications: practicing attorney 5 yrs; minimum age of 26; state citizen 5 yrs; district resident

http://www.judicialselection.us/judicial_selection/methods/limited_jurisdiction_courts.cfm?state=MS

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Guests: Bette Bradley, Assistant Dean for Admissions and Scholarships at the University of Mississippi School of Law and Jason Derrick, Professor and Chair of the Admissions Committee at the University of Mississippi School of Law

Topics covered:

• what are requirements for getting into law school
• admission tests
• traditional and non-traditional students
• employment after school
• the American Bar Association exams

https://law.olemiss.edu/staff-directory/bette-bradley/

https://law.olemiss.edu/faculty-directory/jason-derrick/

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Guest attorney Tina Seymour Demoran gives an overview of adoption in Mississippi and addresses listener questions.

Topics discussed:

• requirements
• cost
• subsidies
• infant adoption
• out of culture adoption
• family leave
• privacy
• reversals
• inheritance
• special needs

More information:

https://www.adoptuskids.org/  Contact: info@adoptuskids.org or adoptms.kids@mdcps.ms.gov

IRS Topic Number 607--Adoption Credit and Adoption Assistance Program IRS.Gov

Mississippi Bar (What are the steps in adopting a child?) https://www.msbar.org/for-the-public/consumer-information/what-are-the-steps-in-adopting-a-child/

North American Council on Adoptable Children https://www.nacac.org/help/adoption-assistance/adoption-assistance-us/state-programs/

Child Welfare Information Gateway https://www.childwelfare.gov/

For more information on Title IV-E eligibility, view our fact sheet Eligibility and Benefits for Federal Adoption Assistance.

Information about our guest and the Seymour Law Firm upcoming seminars: https://www.seymourlawms.com/

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Guest: Pshon Barrett, a former assistant US Attorney, now a private attorney with The ADA Group. Pshon was honored with the 2017 Lifetime Achievement Award by Mississippi Women Lawyers’ Association and is an ambassador with The ABLE National Resource Center

Discussed:

• ABLE Center
• the definition of having a disability with respect to the ADA
• the American's with Disabilities Act

Websites mentioned:

U.S. Department of Justice https://www.ada.gov/

National Federation of the Blind https://www.nfb.org/

American Council of the Blind https://www.acb.org/

Help with Filing a Complaint with the Equal Employment Opportunity Commission https://www.ada.gov/filing_eeoc_complaint.htm

2020 Census https://2020census.gov/

Department of Labor Office of Disability Employment Policy Accommodations

CDC’s Interim Guidance for Businesses and Employers https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

Mississippi's Online Voter Information Center yallvote.sos.ms.gov

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Professor Richard Gershon discusses the benefits to setting up a tax exempt not for profit and the hoops you have to jump through to get one made.

Professor Gershon is the author of several books and articles on taxation and legal education, and is a co-author contributing annual updates to Attorney Client Privilege in The United States. In 2019 he published the seventh edition of “A Student’s Guide to the Internal Revenue Code (with Professor Jeffrey A. Maine). https://law.olemiss.edu/faculty-directory/richard-gershon/

Steps to start a charity in Mississippi

IRS Charities and Not For Profits

Lifecycle of an Exempt Organization

Types of Tax Exempt Organizations

Annual Filing Forms

Activities that could jeopardize a public charity's tax-exempt status

Unrelated Business Income Tax

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This is an encore of http://inlegalterms.mpbonline.org/episodes/in-legal-terms-expungments

Learn more about the Mississippi Volunteer Lawyers Project on their website http://www.mvlp.net/

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This was an open show to talk about . . . anything!

We discussed:

• notaries - guidance from the Secretary of State's office website
• Stanley Cup Finals website
• special elections - Who's running where? Sample ballot website
• voting during a pandemic
• voter id
• registering to vote
• wearing a mask
• not wearing a mask while voting
• In God We Trust
• Absentee voting
• 2020 Census call: 1-844-330-2020

Deadline to register to vote for the November 3rd 2020 General Election is October 5th, 2020

yallvote.ms

Sample ballot

Want to be a poll worker? sign up here with the Secretary of State's office website.

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Our guest, Lieutenant Governor, Delbert Hosemann talked about his role in Mississippi government, how an idea becomes a law, and about important legislation passed in 2020.

Calls:

• absentee votes
• creating a law
• flag change

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The cover art IS the ballot measure that will appear on the November 3rd, 2020 General Election Ballot in Mississippi.

Along with regular hosts Professor Richard Gershon from the University of Mississippi School of Law and MPB's Liz Gill, guests for the show included: Hannah Shirley Mecham Law Firm, Andy Taggert Taggert Rimes and Graham, and Ed Langton MS Board of Health

Additional information:

For Initiative 65: https://www.medicalmarijuana2020.com/

Against Initiative 65: https://www.mississippihorizon.org/

Calls:

• what oversite
• confusing ballot
• Doctor who is against
• summery of confusing ballot

Emails:

• We wouldn’t have a marijuana or opioid abuse problem if it were not for the abuses of the physicians. 
• I am a Mississippian, born and raised in Hattiesburg, married in Ocean Springs, until traveling with my husband with the military. We now reside in Florida where MM is legal. I have 2 small boys and have severe postpartum anxiety. Medical marijuana has been a literal lifesaver for me. I am a better wife and mother. To know I couldn’t receive my medicine in Mississippi is heartbreaking. I went to my general physician, he prescribed marijuana, I registered with the state, and the state sent me a card license.  Marijuana is medical. Consider the epileptics! It was scheduled as a class 1 drug as a tool to suppress the Black community. The gentleman it is an illegal drug is simply a “crafting of words” as he says. Marijuana is not a drug. Marijuana can not be overdosed on. Marijuana is not addictive. There should be no fear mongering of this highly necessary medicine. 

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Guests for In Legal Terms:

• Jonathan Abram, a Pro Bono lawyer with Hogan Lovells website: Mississippi prosecutors will not retry Hogan Lovells client Curtis Flowers following Supreme Court decision and six trials
• Asscociate Dean Tucker Carrington, Director of the George Cochran Mississippi Innnocence Project https://innocenceproject.olemiss.edu/ Article: Curtis Flowers’ Conviction Overturned!
• Henderson Hill, Noted Capital Defense Attorney Article: Noted North Carolina attorney to join Curtis Flowers' defense team
• Robert McDuff, Mississippi Center for Justice, Jackson https://mscenterforjustice.org/curtis-flowers/ Article: Atticus Finch with a Laptop

Curtis Flowers was tried for murder six times in Mississippi. Four of the trials resulted in convictions, all of which were overturned on appeal. The U.S. Supreme Court reviewed Flowers' case. It overturned, on a 7–2 vote, the murder convictions in June 2019 in the decision Flowers v. Mississippi. In December 2019, Flowers was released from prison for the first time since his original arrest. On September 4th, 2020, the Attorney General for Mississippi announced she would not seek a seventh trial and had dropped the charges against Flowers.

The Flowers case served as the subject of a 2018 podcast, In the Dark, on American Public Media.  https://features.apmreports.org/in-the-dark/season-two/

Hear the oral arguments made before the U.S. Supreme Court and read the opinions https://www.oyez.org/cases/2018/17-9572

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Guest for the show: Toni Johnson, Hinds County Election Commissioner - Chair

Information about the HINDS County Election Commission http://www.hindscountyms.com/elected-offices/election-commission

More Information from the Secretary of State's website: Yallvote.ms

Check to see if you are registered to vote here

Locate your polling place and see your sample ballot here

Update your name and address here

Step by step Absentee Voter Guide

COVI-19 FAQ

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Guest: Richard Courtney from Courtney Elder Law Associates https://elderlawms.com/

When planning for your own or someone else's disability:

P P P P

P: People - who needs to be in control "after"

P: Place - where do you desire the person to live

P: Paper - documents - trusts, medical directives, etc

P: Professional guidence - this isn't a DIY project

See Mr. Courtney's website for free information https://elderlawms.com/frequently-asked-questions/

For attoneys: A Lawyer's Gudie to Working with Special Needs Clients book https://www.americanbar.org/products/inv/book/379427221/

ILT podcast dealing with the Americans with Disabilities Act http://inlegalterms.mpbonline.org/episodes/in-legal-terms-ada

Richard Courtney on MPB's Money Talks : ABLE Accounts http://moneytalks.mpbonline.org/episodes/money-talks-able-accounts

Sec.of State Michael Watson on ILT http://inlegalterms.mpbonline.org/episodes/in-legal-terms-secretary-of-state-watson

Listener questions:

• medicaid
• college age child
• access to buildings

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Election Day!

MS Elections Answerline: 1-800-829-6786

MS Elections Fraud Hotline: 1-800-829-6786

https://www.sos.ms.gov/Elections-Voting/Pages/Contact-Us.aspx

To see a sample ballot for your street address, go to yallvote.ms. This will take you to the MS Sec of State’s website. Scroll down to Poling place locator. Type in your address. Your address should pop up, along with your poling place, and your Circuit Clerk’s name and phone number. Below that is what is on YOUR ballot. Everyone will vote for President and Senator. Your ballot will be different from MY ballot in that You’ll have your US representative, election commissioner and your supreme court justice races listed. 

• Medical marijuana http://inlegalterms.mpbonline.org/episodes/in-legal-terms-initiative-65-and-alternative-65a
• The Flag Change
• Change to statewide election of officials

Previous show with Hinds County Election Commissions Chair http://inlegalterms.mpbonline.org/episodes/in-legal-terms-elections-commissioner

The polls close at 7pm tonight. If you are in line, stay in line so you can vote.

If you make a mistake on your ballot ask for a new one. If the machines are down at your polling pace, ask for a paper ballot. There’s an election protection hotline: 1-866-OUR VOTE if you have questions about your rights or trouble voting. 

Text polls 30330 to find out where to vote. 

No one may refuse a person the right to vote if that person is legally entitled to vote. _

No voter shall be threatened, intimidated, or paid to vote by any person.

Voters whose names do not appear on the poll book or who do not have an acceptable form of photo ID are entitled to vote by affidavit ballot. You will then have 5 business days after election day to present a photo id at the Circuit clerk’s office. 

Voters who require assistance in marking the ballot because of disability, blindness, or an inability to read or write are entitled to receive assistance from a person of the voter’s choice, excluding, a candidate whose name is on the ballot, or a poll watcher who is observing in the polling place on Election Day. 

Rules prevent people from wearing campaign-related clothes or caps into the polling place. And people campaigning for a person or issue on the ballot must remain 150 feet from the polling place. Sec of State Watson said this rule applies only to signage or clothing pertaining to “anything that’s on the ballot,” but would not prohibit other messaging not directly up for a vote. So any candidate-specific gear like MAGA or Biden hats are prohibited, but generic “Black Lives Matter” T-shirts are permitted.  https://mississippitoday.org/2020/11/02/maga-hats-blm-shirts-what-mississippians-can-and-cant-wear-to-the-polls-and-other-helpful-voting-tips-for-election-day/?fbclid=IwAR1v-wAcghZj8T6eDZeR_Z-myd7-C83hCY7k7MB2kDYY-biu2RToGmQcXf8

Calls:

• memory about protesting poll tax as a child
• Forrest County election issue
• voting story REAL ID http://inlegalterms.mpbonline.org/episodes/in-legal-terms-real-ids
• electoral college
• questionable experience
• story of mom voting
• statewide initiative
• Oxford story
• voting issues

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We begin the show discussing weird state laws https://www.usatoday.com/list/news/nation-now/weirdest-laws-every-state/53ad0541-3518-4432-adc4-0fec193d389e/

• killing raccoons on Sunday
• what is Bigfoot
• bear wrestling
• legal homicide

Statutes, Court ruleings, administrative regulations

Mississippi Teacher Strike Statute https://law.justia.com/codes/mississippi/2013/title-37/chapter-9/in-general/section-37-9-75/

Canons of Construction https://www.law.uh.edu/faculty/adjunct/dstevenson/2018Spring/CANONS%20OF%20CONSTRUCTION.pdf

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Guest: Terry Little from Harper Little https://www.harperlittlelaw.com/

Real Estate Closings were discussed before the calls came in.

Calls concerned:

• title theft
• property disclosure
• hurricane damage
• multipe owners of home
• encroachment
• leaving property by will or deed
• property in IRA
• heirs property

Email about gain in property value

Listen to Money Talks discuss real estate investment: http://moneytalks.mpbonline.org/episodes/money-talks-real-estate-investment

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Guest: Attorney Reed Martz from Freeland Martz https://freelandmartz.com/reed-martz/

To find state laws about gun rights: https://midsouthgunlawyer.com/welcome-to-the-website-for-the-midsouth-gun-lawyer/

or https://www.handgunlaw.us/

Calls concerned:

• 2nd amendment and marijuana
• shootings at protests
• restrictions on buying guns
• carrying a gun in a car
• buying guns in MS
• calaber of amunition
• Alabama fees
• travel between states
• fire arms in cars

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Guest: attorney Marc Chamberlain from the Butler Snow law firm https://www.butlersnow.com/attorney/marc-chamberlain/

We discuss strategic lawsuits against public participation. Learn more here: https://www.iadclaw.org/assets/1/17/Business_Litigation_March_2020.pdf

• What are they?
• Who brings these lawsuits?
• What's Mississippi's stance on SLAPPs

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Our guest, attorney Francis Springer from the Springer Law Firm, discusses Administrative or Regulatory Law. https://www.springerlawoffice.com/

Discussion:

Email concerning name change

Department of Enviromental Quality requirements

Agencies presumed to be correct

Courts list four conditions for agency rulings to be reversed:

• Ruling not supported by substantial evidence
• Ruling was capricious or arbitrary
• Ruling was beyond the power of administrative agency
• Ruling is a violation of statutory or constitutional rights

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Our topic is housing at the end of the 2020 pandemic year with Will Bedwell and John Jopling from the MS Center for Justice. https://mscenterforjustice.org/about/

On April 21st of 2020, In Legal Terms discussed Housing at the beginning of the pandemic with Will Bedwell and MS Center for Justice CEO Vangela Wade.

http://inlegalterms.mpbonline.org/episodes/in-legal-terms-housing-with-ms-center-for-justice

Justice.gov has information on the Fair Housing Act. The MS Center for Justice has information about housing and six self-help videos concerning eviction. https://www.justice.gov/crt/fair-housing-act-1

https://mscenterforjustice.org/work/affordable-housing/

http://www.msatjc.org/self-help-videos

That COVID eviction hotline number is 228-702-9983.

MIssissippi Home Corporation https://www.mshomecorp.com/

Conner v. Alltin, LLc, Cause No. 3:20-CV57-MPM-RP

MS Center for Justice Fair Housing Hot Line 1-877-352-2269

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Can I deduct home office expenses while I'm working from home? It depends. The short answer is, probably not. If you work full-time for someone else, you're out of luck. "Employees who receive a paycheck or a W-2 exclusively from an employer are not eligible for the deduction, even if they are currently working from home," the IRS noted last month. https://www.cnn.com/2020/10/19/success/wfh-home-office-tax-deduction/index.html

The people most likely to be eligible to claim the home office tax deduction are those who are self-employed -- meaning they run their own business out of their homes, or are independent contractors or freelancers working on assignments from home. But they must meet the following rules: You may only deduct expenses for the portion of your home that is used exclusively and regularly for business and your home must be your principal place of business. And you may not deduct expenses related to anything that is used for both your work and your home life.

Business Use of Your Home https://www.irs.gov/pub/irs-pdf/p587.pdf

If you CAN claim a deduction, here's more guidance : https://www.irs.gov/newsroom/heres-what-taxpayers-need-to-know-about-the-home-office-deduction

https://homebusinessmag.com/management/legalese/3-legal-issues-faced-home-based-businesses-prepare/

Do you have a suggestion for a show topic for 2021? Email us: legalterms@mpbonline.org

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A repeat broadcast from 08/04/2020

Guest: University Press of Mississippi’s Courtney McCreary, Publicity and Promotions Manager discussing their law and true crime books 

https://www.upress.state.ms.us/

Books discussed:

• Crooked Snake https://www.upress.state.ms.us/Books/C/Crooked-Snake2
• A Legal History of Mississippi https://www.upress.state.ms.us/Books/A/A-Legal-History-of-Mississippi
• Mississippi’s Federal Courts https://www.upress.state.ms.us/Books/M/Mississippi-s-Federal-Courts
• Heroes, Rascals, and the Law https://www.upress.state.ms.us/Books/H/Heroes-Rascals-and-the-Law
• Cups Up https://www.upress.state.ms.us/Books/C/Cups-Up
• Confessions of an Undercover Agent https://www.upress.state.ms.us/Books/C/Confessions-of-an-Undercover-Agent
• The Last Lawyer https://www.upress.state.ms.us/Books/T/The-Last-Lawyer
• From Midnight to Guntown https://www.upress.state.ms.us/Books/F/From-Midnight-to-Guntown
• Return to Guntown https://www.upress.state.ms.us/Books/R/Return-to-Guntown
• The Legs Murder Scandal https://www.upress.state.ms.us/Books/T/The-Legs-Murder-Scandal
• Hands in the Till Embezzlement of Public Monies in Mississippi https://www.upress.state.ms.us/Books/H/Hands-in-the-Till
• Power, Greed, and Hubris: Judicial Bribery in Mississippi https://www.upress.state.ms.us/Books/P/Power-Greed-and-Hubris

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Guests: Amelia McGowan and Max Meyers from the Mississippi Center for Justice to discuss Immigration and answer questions.

To contact the MS Center for Justice:

For the Jackson office call: (601) 352-2269.

For the Biloxi office call: (228) 435-7284.

To reach the Indianola office call:(662) 887-6570.

Their website mscenterforjustice.org/contact/ also has a form to fill out to reach them. 

DACA Contact form: https://docs.google.com/forms/d/e/1FAIpQLSe4R2ZahNv1iuLL_N4fI1szq0XbbgcXwZGHjAg6HdIhPiIm8g/viewform

Topics included:

• Mississippi immigration situation
• challenges faced by undocumented people
• work of the Center for Justice
• ICE raids
• how to reach MS Center for Justice
• what is asylum
• how to qualify
• what is DACA

Calls:

• gratitude
• illegal vs legal entry to country
• profiling
• crimes

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Guest: Professor Patrick Longan, Chair in Ethics and Professionalism from Mercer University School of Law https://law.mercer.edu/academics/centers/clep/

Discussed:

• Center for Legal Ethics and Professionalism
• Challenges for Lawyers
• law students
• classes
• training
• Current Events
• Confidentiality
• Wills

The Ideal Lawyer:

1. Is competent
2. Shows fidelity to client
3. Shows fidelity to the law
4. Is public spirited
5. Has civility
6. Has practical wisdom 

Ways Attorneys Get Into Trouble:

• Trust account abuse
• Neglect of client
• Committing felonies

Ethics attorneys hopeful COVID-19 will prompt changes in remote working rules

Thousands of Lawyers, Law Students Push to Disbar Cruz, Hawley

Discipline Them: Lawyers Want Ethics Charges Against AGs Behind Election Challenge

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Guest: Baskin Jones from Jones Law Firm https://injuredinmississippi.com/ and https://www.facebook.com/baskinjonesattorney

Suggestion: READ THE DECLAIRATIONS PAGE OF YOUR INSURANCE FOR UNINSURED OR UNDERINSURED MOTORIST COVERAGE

Our show discussed:

• how cyclists ARE treated
• what to do if injured
• MS state laws
• safe passing
• dooring laws
• DUI
• vehicle Insurance issues

Calls concerned:

• biker's rights
• car drivers
• experence getting hit by car
• uninsured
• "what if"
• some can't pay for insurance

Resources:

https://www.bikewalkmississippi.org/

https://visitmississippi.org/blog/mississippis-best-cycle-trails/

https://mdot.ms.gov/portal/bikeped

https://bike.olemiss.edu/safetytips/mississippi-laws/

https://bikeleague.org/bike-law-university

https://injuredinmississippi.com/practice-area/bicycle-accident-lawyer/

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Guest: Associate Dean Stacey Lantagne from the University of Mississippi School of Law

author of “Famous on the Internet: The Spectrum of Internet Memes and the Legal Challenge of Evolving Methods of Communication.” 

How to protect your intellectual Property? Listen and find out.

{an idea is NOT able to be copywriten}

Calls:

• Merger doctrine - recipes
• Fair use of images
• Art gets a copywrite; Inventions get patents
• Genitic material
• Poor Man's Copy Protection
• Flea Market Sales
• Notice of copywrite?
• Take a photo of your art

Bernie Sanders' inauguration mittens help raise $1.8 million for charity : Brendan Smialowski, a photographer with Getty Images, captured the image of Sanders. The photo agency said it will donate proceeds from the photo to Meals on Wheels of America.

"Weird Al" Yankovic The Saga Begins YouTube Video

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Guest: André de Gruy, State Defender

Additional information:

• Mississippi Bail Fund Collective https://www.peoplesadvocacyinstitute.com/mbfc
• 2019 Mississippi Code Title 99 - Criminal Procedure Chapter 5 - Bail https://law.justia.com/codes/mississippi/2019/title-99/chapter-5/
• American Bar Association: How Courts Work : Steps in a Trial : bail https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/bail/
• The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” https://constitutioncenter.org/interactive-constitution/interpretation/amendment-viii/clauses/103
• MISSISSIPPI RULES OF CRIMINAL PROCEDURE https://courts.ms.gov/research/rules/msrulesofcourt/Rules%20of%20Criminal%20Procedure%20Post-070117.pdf
• 2013 Mississippi Code Title 99 - CRIMINAL PROCEDURE Chapter 35 - APPEALS Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES § 99-35-115 - Bail after conviction of felony; application for emergency hearing upon denial of bail https://law.justia.com/codes/mississippi/2013/title-99/chapter-35/article-3/section-99-35-115

Discussion:

• What does the Office of State Public Defender do
• What is bail
• How is bail determined
• Posting bail
• MS Bail Collective
• Rena LEE v. Robert "Tot" LAWSON, Sheriff of Pike County, Mississippi https://law.justia.com/cases/mississippi/supreme-court/1979/51628-0.html
• Excessive bail
• When is bail prohibited
• Tracking those out on bail
• Out on bail while on appeal
• Bail bondsmen regualted by insurance commission

Calls:

• Bail isn't punishment
• Bail fund outiside of Hinds County
• Bail isn't / shouldn't be punishment
• What does the State of MS spend on those who aren't out on bail
• Know one knows how many people are in jail in Mississippi

Virtual Public Briefing The Civil Rights Implications of Cash Bail February 26, 2021 | Washington, DC

10: am - 1:40 pm ET*

 The U.S. Commission on Civil Rights will hold a virtual briefing on February 26, 2021, on bail reform in the United States. The Commission’s investigation seeks to examine the state of bail and pretrial detention practices, including the involvement of the private bail industry, various mechanisms for reform, and the potential regulatory role of the federal government. The Commission will evaluate how cash bail impacts the fair administration of justice and whether it operates in a manner that denies equal protection of the law to individuals on the basis of race or another protected class.

At this public briefing, Commissioners will hear from subject matter experts such as government officials, academics, law enforcement professionals, advocates, and impacted persons. The Commission will accept written materials from the public for consideration as we prepare our report; submit to bailreform@usccr.gov no later than March 26, 2021.

 LOCATION: The briefing will be live-streamed.

 AGENDA: Briefing (expert panels): 10:00 am – 1:40 pm ET*

Open Comment Session (public testimony): Written comments submitted to bailreform@usccr.gov by March 26, 2021.

 Stay abreast of updates at www.usccr.gov and on Twitter and Facebook.

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Guest: attorney Kelly Kyle from Kyle Wynn & Associates http://www.kyle-wynn.com/

Calls:

• trust and probate
• life insurance
• power of attorney and advanced health care directives
• life tennant
• dementia
• what can go into a trust
• heirs at law
• estate planning - special needs trust

Past podcasts with Kelly Kyle 3/27/2018 titled Avoiding Probate  and 3/5/2019 Wills and Probate also 11/26/2019 Revocable Trusts most recenly 3/31/2020 Medical Directives

If you’d like some reading material, our guest is a co-author of How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets, the Mississippi Edition 

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What do you know about drones? Are you involved in piloting one? Have you ever had one fly over your house while you were in the backyard? Our guests Michelle Hanlon, Co-Director of the Center for Air and Space Law and an instructor of aviation and space law, and law student Nestor Delgado will be here to answer your questions.

Our experts want to work with you to find out what concerns you about drones and where think the law should go. mlhanlon@olemiss.edu https://law.olemiss.edu/faculty-directory/michelle-hanlon/

• Prof. Hanlon
• For All Moonkind
• Mr. Delgado's work with legislation
• MS legislation
• FAA rules
• working with ComTIA manual for law enforcement

Calls:

• how dones affect birds (our experts couldn't say)
• building own drones
• regulation on how close drones are allowed to come - "it depends"
• peeping Toms

Find out who represents you and makes your laws: commoncause.org/find-your-representative/addr/

Follow Mississippi's legislation: legislature.ms.gov/

Read about: A Summary Of Human History On The Moon at forallmoonkind.org

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You may have seen her on @Issue or heard her reporting, but today you get a chance to ask MPB News legislative reporter Desare Frazier about what’s going on up at the capitol. We’re going to discuss the bills that are and aren’t going to be passed by your lawmakers. 

https://www.mpbonline.org/news/meet-the-team/desare-frazier/

Calls:

• where do bill come from
• HB 1439 income tax / sales tax
• grow marjiuana
• sales tax
• transgender
• sales tax for retirees

Discussion:

• teacher pay raise
• income tax / sales tax
• medical marijuana
• medicare expansion
• nurse practioners
• transgender sports

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Have you filed your taxes yet? We’re going to give you tips on filing your 2020 income taxes or give you a jump start your 2021 return. Our guest Gray Edmondson from Edmondson Sage Allen will talk about the tax laws surrounding working from home and take your questions. We’ll also give some IRS tweet tips. 

https://www.irs.gov/coronavirus/get-my-payment

https://www.irs.gov/filing/free-file-do-your-federal-taxes-for-free

Volunteer Income Tax Assistance: Northeast Mississippi United Way events for 2021 United Way of the Mid-South United Way of Oxford - Lafayette United Way of Southeast Mississippi

IRS Free Tax Prep Help

Calls:

• IRS 1040 sent to MS Dept. of Revenue
• Is stimulus taxable?
• Retroactive taxes
• Amended return
• Retirement income taxable?
• Stimulus check
• Selling family business
• Social Security benefit taxable?
• Filing obligation
• Unemployment benefits

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Mississippians overwhelmingly passed Initiative 65 to enable medical marijuana. What’s next? Why is the legislature working on legislation about it now? We'll learn from guest Mark Garriga, an attorney with Butler Snow. https://www.butlersnow.com/attorney/mark-garriga/

Our discussion touched on why the legislautre is involved in the issue, why the MS Supreme Court is involved, how the medical marijuana issue brough together so many different voters.

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We’re pleased to have representatives from Mississippi Volunteer Lawyers Project on the show today. They’ll tell us about expungements and foreclosure prevention their work with family law matters and how they have shifted to virtual clinics in light of the pandemic.  

https://mvlp.org/

https://mvlp.org/clinics

October 29 8:30 a.m. - 12:30 p.m. Stabilizing the Economy: Expungement Clinic Topics: Felony Expungement and Misdemeanor Expungement

Helping low-income individuals solve legal problems https://www.mslegalservices.org/

https://ms.freelegalanswers.org/ See if you qualify. Ask a question. Check your email. Log back in. 

Homes facing foreclosure? https://www.mshomesaver.com/ If you previously received assistance from Homesaver, you are not eligible for assistance again. If you previously applied but never received assistance, you must log back in under your previous application with your username and password. The system will not let you begin a new application.

Beginning September 1, 2020, if you need assistance with your mortgage payments, please visit the link below to find a HUD-approved housing counselor who can assist you with your foreclosure prevention needs.  https://apps.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?webListAction=search&searchstate=MS

Ms Sanders was previously a guest on In Legal Terms to tell us about the work of the MVLP on September 24th 2019 and on October 24th, 2017. 

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It’s been 12 months, but did you watch Tiger King on Netflix? We’re going to talk about Animal Rights and Captive Animal Law Enforcement with Brittany Peet, PETA Foundation’s Deputy General Counsel for Captive Animal Law Enforcement from PETA – People for the Ethical Treatment of Animals. 

https://www.linkedin.com/in/brittany-peet-84763b1b/

https://www.peta.org/

Calls:

• book suggestion: A Traitor to His Species: Henry Bergh and the Birth of the Animal Rights Movement by Ernest Freeberg
• owning a deer in Mississippi?
• Zoos that meet Global Federation of Animal Sanctuary standards or Association of Zoos and Aquariums
• can't own a while tailed deer but can own a red in MS
• PETA rescue practices https://www.peta.org/about-peta/learn-about-peta/helping-animals-in-hampton-roads/
• email about chaining dogs

Discussed:

• what is a captive animal
• Tiger King series
• Animal Welfare Act
• Endangered Speicies act
• Iditarod

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What do you do when some dies? What does an executor do? That’s today’s topic with guest Rick Courtney from Courtney Elder Law Associates. https://elderlawms.com/

You can find his podcasts on the following dates: October 27th 2020, July 2nd 2019, and May 14th 2019

If you find someone has died - call the police or sheriff, or their doctor.

Thank you to Elder Law Associates for this checklist.

CHECKLIST THINGS TO DO WHEN A PERSON DIES

• Notify immediate family and close friends
• Evaluate the emotional impact on the surviving spouse, children and close relatives and friends; arrange for support
• Deal with donation of bodily organs to an "organ bank." as appropriate
• Arrange care for dependents, if any
• Notify attending physician or coroner
• Arrange care for pets, if any
• Evaluate the need for security at Decedent's residence
• Cancel or rearrange home deliveries?
• Have Post Office hold mail?
• Find perishable property (food, plants, etc.), arrange for care or disposal
• Find and review Decedent's expressed funeral and burial wishes
• Notify agent under any power of attorney
• Prepare and arrange for obituary
• Arrange for mortuary, cemetery, burial, cremation, as appropriate
• Arrange funeral/burial services
• Notify other members of family and friends
• Keep records of all payments for funeral and other expenses
• Locate safe deposit box(es); follow safe deposit box procedures (see page 2)
• Locate wills, codicils, trusts
• Locate life insurance policies
• Locate other important documents, relationships, accounts, investments, etc.
• Advise Social Security, Medi-Cal, other agencies as appropriate
• Investigate social security benefits
• Investigate life insurance
• Investigate union death benefits
• Investigate veterans burial allowance and other benefits
• Investigate fraternal organizations
• Investigate employee benefits, including accrued vacation pay, death benefits, final wages, retirement plans, deferred compensation, medical reimbursements,
• Investigate refunds on insurance or canceled subscriptions
• Investigate Keogh and IRA accounts
• Investigate business, partnership and investment arrangements
• Retain and meet with attorney regarding estate matters
• Retain and meet with CPA as to tax and accounting matters
• Meet with life insurance agent to collect proceeds or consider options
• Obtain death certificates (ask attorney how many are needed)
• Deal with fire, theft, liability and auto insurance on Decedent's property
• Work with attorney and CPA to prepare inventory, list of accounts and list of debts
• Review credit cards and charge accounts, cancel as appropriate
• DO NOT pay any of Decedent's debts until attorney discusses with family or executor
• Obtain valuations of assets, as appropriate
• If Trust involved, arrange for any allocations and transfers
• Arrange for final income tax return and estate tax return, as necessary

Safe Deposit Box Access Procedures

Suggestion: If there is any danger of a will or trust contest, or a conflict between executor, trustee, family or beneficiaries, DO NOT go to safe deposit box without the involvement of an attorney experienced with estate administration.

Owner(s) Deceased: California Probate Code§ 331 authorizes a person who has the key to a safe deposit box of a deceased person to have access to the box, even before any action has been taken with the probate court. The financial institution shall first obtain proof of the decedents death and reasonable proof of the identity of the person seeking access. The person may then:

1. open the box (under the supervision of an officer or employee of the financial institution),

2. make an inventory of the contents,

3. remove instructions for disposition of the decedent's remains, and

4. after copies have been made and placed in the box, remove wills and trust instruments.

Except for the disposition instructions, wills and trust instruments, no other contents shall be removed under these provisions. The person shall deliver all wills found in the box to the clerk of the superior court, and mail or deliver a copy to the person named as executor.

Surviving Co-Owner(s): Surviving Co-Owners have the right to access, as provided in their agreements with the financial institution. When accessing a safe deposit box after the death of a co-owner:

1. At least two people should be present at the first opening, and should make an inventory of the contents in detail on letter size paper, with both persons signing and dating the paper.

2. After copies have been made and placed in the box, remove documents as needed.

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What’s up with income taxes for 2020? We’ll talk about how to get them done, what’s new, and what do you think is fair.

Federal and Mississippi Income Taxes due date and file date is now May 17th, 2021.

Where can you find someone to help you do your taxes?

• https://southernpartners.org/vita/ Southern Bank Corp banks: Curbside service is available Tuesdays & Thursdays, 9AM – 4PM. Call your local branch for details on contactless (email) tax preparation. Here’s a list of cities with Southern Bankcorp branches: Clarksdale, Drew, Greenville, Hattiesburg, Madison, Picayune, Ruleville, Shelby
• Mercy Housing Development in Gulfport
• Entergy, has some locations where they will help you file your taxes: https://eitclocations.com/ - these are in Clarksdale and Shelby
• The United Way also offer VITA. Call the organization that serves your area.
• If you or a friend has access to a computer: https://www.irs.gov/individuals/find-a-location-for-free-tax-prep

 Families in the U.S. and territories qualify for the newly expanded CTC. Joint filers making up to $150,000, single head of households making up to $112,500, and other single filers making up to $75,000 qualify for the full advanced periodic payment of the CTC. In a very positive change from the current law, the expansion of the Child Tax Credit in the American Rescue Plan means that you do not have to be employed to receive the benefit; even families who have no income at all will be eligible.

If you are unmarried and earn less than $112,500 per year or are married and your household income is less than $150,000 per year, you will receive $3,600 per child under six years old and $3,000 per child age six to 17. Estimates project that families will receive about $300 per child for children under six, and $250 per child between ages six and 17, for each periodic payment.

So, for example, if you have one child, aged seven, you will receive $3,000 over the course of a year, or $250 per month.

The cash benefit begins to reduce by $50 for every additional $1,000 of income earned. Higher-income families who previously qualified are still eligible for the $2,000 per child benefit for individuals making up to $200,000 and joint filers making up to $400,000. Meaning, they will not receive less than what they previously did under current law.

Tax Changes that are proposed for the current congress:

• The top individual federal income tax rate would rise from 37% to the pre-Trump rate of 39.6%.
• The corporate rate would rise from 21% to 28%; a 15% alternative minimum tax would apply to corporate book income of $100 million and higher.
• Individuals earning $400,000 or more would pay additional payroll taxes.
• The maximum Child and Dependent Tax Credit would rise from $3,000 to $8,000 ($16,000 for more than one dependent).
• Tax relief would be offered for student debt forgiveness and the first-time homebuyers’ credit would be restored.
• The estate tax exemption would drop by about 50%.

File your taxes for free: https://www.irs.gov/filing/free-file-do-your-federal-taxes-for-free

Income $72,000 and below:

• Free federal tax filing on an IRS partner site
• State tax filing (free with some offers)
• Guided preparation – simply answer questions
• Online service does all the math

Income above $72,000:

• Free electronic forms you fill out and file yourself
• No state tax filing
• You should know how to prepare paper forms
• Basic calculations with limited guidance 

The most popular software makers are Turbo Tax, H&R Block, TaxAct and TaxSlayer. They each have a free version, a Deluxe or Classis version, a Premier, and a Self-Employed version. 

https://www.cnet.com/personal-finance/taxes/best-tax-software/

https://www.nerdwallet.com/article/taxes/best-tax-software

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Guest: Pshon Barrett, a former assistant US Attorney, now a private attorney with The ADA Group. Pshon was honored with the 2017 Lifetime Achievement Award by Mississippi Women Lawyers’ Association and is an ambassador with The ABLE National Resource Center

Discussed:

• ABLE Center
• the definition of having a disability with respect to the ADA
• the American's with Disabilities Act

Websites mentioned:

U.S. Department of Justice https://www.ada.gov/

National Federation of the Blind https://www.nfb.org/

American Council of the Blind https://www.acb.org/

Help with Filing a Complaint with the Equal Employment Opportunity Commission https://www.ada.gov/filing_eeoc_complaint.htm

2020 Census https://2020census.gov/

Department of Labor Office of Disability Employment Policy Accommodations

CDC’s Interim Guidance for Businesses and Employers https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

Mississippi's Online Voter Information Center yallvote.sos.ms.gov

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The land that you take to get to your home. Is that yours? What if you share that path? Does that make it a road? How can you get access to your land and who else could use that method? We’re talking about roads and easements today with our friend, attorney Francis Springer https://www.springerlawoffice.com/about 601-605-5004

MDOT has free resources to help you deal with traffic. Access what you need to know about road conditions, construction zones, weather and more – even locate welcome centers and rest areas. Their website is mdottraffic.com and there will be a Mississippi Department of Transportation official on Auto Correct Thursday May 6th 2021 at 10am on MPB Think Radio. 

Mississippi Roads – the MPB TV program can be seen over the air or on mpbonline.org Thursdays at 7pm and Sundays at 10:30 am or 5:30 pm. It’s available on MPB TV’s YouTube Channel and on the MS Roads facebook page. The audio of the show has been turned into the podcast: Mile Marker.

If you like to research laws on your own – consider visiting Justia US Law’s website concerning Title 65 – Highways, Bridges and Ferries Chapter 7 Public Roads and Streets; Private Way. 

Calls:

• easement
• easement
• how to find out who owns land
• road to his home
• heir's property easement
• how to buy land
• diveway became county road
• easement not used
• easement

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Divorce is a time that could change your financial status for the rest of your life. What do you need to know about alimony, child support, or who gets the retirement account? Our guest, Medora Justice, Certified Financial Planner, Certified Divorce Financial Analyst and Accredited Investment Fiduciary will speak about financial planning around a Divorce and answer your questions. Ms. Justice works for Hardy Reed. www.HardyReed.com mjustus@hardyreed.com info@hardyreed.com Medora Justuce,

Financial Terms Glossery website

Money Talks the show broadcast live Tuesdays at 9am just before In Legal Terms has a podcast about divorce and taxes. Look for the Nov. 7th from 2017

Calls:

• Changing a divorce decree
• Changing your name

Discussion:

• Whati is a CDFA
• Why to use a CDFA
• Finanical issues in a divorce
• Lawyer or no lawyer
• Taxes
• Retirement planning
• Social Security

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Did anyone see this coming? Surprise! It doesn’t matter whether you wanted medical marijuana or not or you wanted Initiative 65 or the Alternative – Mississippi voters can not at this time pass any initiatives – the process is unconstitutional no matter the subject area. This morning we’re talking about the recent – last Friday – Mississippi Supreme Court ruling that our state’s initiative process is unconstitutional with our guest: attorney Mark Garriga of Butler Snow.

Mississippi Supreme Court Strikes Down Medical Marijuana and the Initiative Process

Previously on In Legal Terms:

• March 23rd, 2021  http://inlegalterms.mpbonline.org/episodes/in-legal-terms-marijuana-in-mississippi
• October 6th, 2020 http://inlegalterms.mpbonline.org/episodes/in-legal-terms-initiative-65-and-alternative-65a

Discussion:

• AG letter
• reuse petitions
• don't blame the court
• previous initiatives
• statute of limitations
• it's up to the legislature
• Governor Tate Reeves
• Changing the initiative
• What can people do?

Contact your representative on Mississippi's legislature that creates your laws: http://www.legislature.ms.gov/

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Do you love a good legal thriller? But just like you shouldn’t get your legal advice from Google, you shouldn’t base your legal knowledge on movies and tv. Sometimes they are so wrong! How wrong? Professor Gershon is going to tell us. 

Great movies - bad legal advice!

• Body Heat
• Married in Vegas
• Daredevil
• Batman

https://www.ranker.com/list/legal-drama-tv-shows-and-series/ranker-tv

https://www.biglawinvestor.com/lawyer-movies/

https://www.paralegaledu.org/2017/10/5-ways-movies-and-tv-get-the-legal-process-wrong/

https://alltimelists.com/5-stupid-legal-mistakes-in-movies/

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We’re answering questions about age, race, gender or national origin employment discrimination. Marsha Rucker the Regional Attorney for the Equal Employment Opportunity Commission is our guest. 

Employees and Job Applicants, also employers can find lots of information at eeoc.gov  

Employment Discrimination types are: Age, Disability, Equal Compensation, Genetic Information, Harassment, National Origin Discrimination, Pregnancy Discrimination, Race/Color Discrimination, Religious Discrimination, Retaliation, Sex, and Sexual Harassment

Discussion:

• what is the EEOC
• who does it serve
• Birmingham Beverage case https://www.eeoc.gov/newsroom/birmingham-beverage-pay-825000-settle-eeoc-lawsuit-race-discrimination
• Title VII of Civil Rights Act of 1964
• discrimination
• genetic information
• dress codes

Calls:

• right to sue
• case backload
• email - online applications and credit history questions

Today is municipal election day in Mississippi. Polls are open 7am to 7pm. If you are inline at 7pm you can vote. Absentee ballots returned by mail MUST be postmarked on or before today and received by the Municipal Clerk’s Office within five (5) business days.

Please check your city’s website for any COVID changes – There’s quite a few in Jackson where we’re voting for mayor and each wards’ city council member. .

https://www.jacksonms.gov/municipal-elections/

https://www.jacksonms.gov/documents/sample-ballot-june-8-2021-general-election/

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Boundary disputes, leases, real estate closing. They aren’t everyday problems for most of us. But it’s good to know IN CASE. We’re discussing property law with attorney Terry Little.  https://www.harperlittlelaw.com/about

Terry was alson on the Nov 17th 2020 podcast: http://inlegalterms.mpbonline.org/episodes/in-legal-terms-real-estate-law

Discussion:

• What is a closing?
• What are Section 1031 property exchanges?
• Settlement agents

Calls:

• mineral rights
• HOA language
• neighbor's tree
• inherited land
• criminal activity on your land
• will and property question
• abastract and deeds

ILT: Easements and Roads May 4th, 2021 http://inlegalterms.mpbonline.org/episodes/in-legal-terms-easements-and-roads

Money Talks podcast June 15th, 2021 had a call about Section 1031 exchange http://moneytalks.mpbonline.org/

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